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Questions Answered by Rafael Pagan-Colon
1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Puerto Rico on
Q: I need an attorney who is licensed in Puerto Rico. We are living in NY

My mother found out that she was left out of an inheritance. There is land in Puerto Rico that belong to her Grandparents and her father and his siblings. Her dad passed away when she was young, but her dad was the eldest son then came all the other siblings. Her uncle was the only child still... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 7, 2024

Your text does not detail how your mother found out about her inheritance. First off, you would need to identify the real estate property in Puerto Rico, procure either a title study or registry certification for the property to understand whether or not it still remains in your grandparents'... View More

1 Answer | Asked in Contracts and Education Law for Puerto Rico on
Q: Hello I signed a ISA for a coding school and on the contract in the disclaimer it says it is not a credit or loan

But according to the to the The Consumer Financial Protection Bureau and the Department of Education it is in fact a private education loan are these grounds for Misrepresentation? I signed the contract because they kept sayin it is not a loan

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 30, 2024

My immediate advice to you is to never sign any agreement/contract unless you fully understand what it is that you are signing. A general rule of law is that ignorance of the law does not exempt you from it's compliance; and contracts are considered law between the subscribing parties.... View More

2 Answers | Asked in Real Estate Law and Tax Law for Puerto Rico on
Q: In Puerto Rico, what is the legal citation or statute(s) that provided for a “step up” in a home’s value for the heirs.

Mother passed away June 2024. Father passed 10 years earlier. 4 children set to inherit and are having home appraised.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 20, 2024

For a person that died prior to January 1, 2018, the value of the deceased's participation in any real estate property reported in the estate tax return filed for that person is valued at fair market value, typically submitted along with an appraisal of the real estate's value at the time... View More

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2 Answers | Asked in Real Estate Law, Family Law and Probate for Puerto Rico on
Q: How do you solve this property inheritance issue in Puerto Rico?

4 siblings inherited a property. 2 siblings have their own properties. 1 sibling put $8,000 into the inherited property and the last sibling is currently living in the property and is claiming that they now own the property all though they are all on the title.

The sibling that put the... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Aug 30, 2024

The sibling who paid out $8,000 into the inherited property has the right to recover $6,000 from his/her siblings. If an heir assumes exclusive possession of the property in detriment to the other sibling's inheritance rights, any can go before a court of law to request a liquidation of the... View More

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1 Answer | Asked in Family Law for Puerto Rico on
Q: can the birth mothers name be changed to the adopted mothers name?
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 24, 2024

Under Puerto Rico Rule of Law, a birth parent's name may be changed in the birth certificate to the adopted mother's name through an adoption petition submitted to a court of law, so long as the child is under 18 years of age. If the birth mother is still alive, she would have to be... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: What does this statement signify in laments term on a donation document being drafted for my father who is still alive?

"clarify that they acquire a participation equivalent to _percent in the property described above, in such a way that, from now on, they are all owners of it in community of property. It is noted that all those appearing parties in this act have been warned about the legal effects of the... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 20, 2024

In layman's terms, what the paragraph means is that all of the owners each has a participation of a specific percentage over the entire real estate property, but none has specific ownership. For example, if the property is a house, no one owns the kitchen or the bathroom, etc. A subsequent... View More

1 Answer | Asked in Real Estate Law and Estate Planning for Puerto Rico on
Q: What is the best way to leave property and unsegregated land to desired heirs? Are there any processes that do not

require a declaration of heirs? As an example, can the land be donated prior to death? If donation or a Will is processed, will it still require a declaration of heirs process? when is deciding to submit a donation or Will a good idea? Does it make the overall process easier for the heirs? If no... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 18, 2024

The most control that you have over leaving real estate property, before death, is by donation; after death, conditional to your having left a will before your passing. If you leave a will, the declaration of heirs will not be necessary. Whether to transfer the property via donation or by way of a... View More

1 Answer | Asked in Estate Planning and Family Law for Puerto Rico on
Q: My father died without a will in Puerto Rico and named his best friend as the co-owner and benficiary of his money.

My father died without a will in Puerto Rico. Before he died, he named his best friend as the co-owner and beneficiary of the bank account in Puerto Rico. My father was married for 18 months to a foreign woman who NEVER LIVED in Puerto Rico with my father and of course, she is asking about the... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 17, 2024

First of all, I would need to know when did your father die. If he died after November 28, 2020, his wife is as much an heir as your father's children. Although your father may have designated his wife as co-owner of bank funds, once the banks are notified of your father's death,... View More

1 Answer | Asked in Real Estate Law and Estate Planning for Puerto Rico on
Q: Instead of a Will , is it better to donate the property to your children before death? Note, that the land to which the

property is built on has not been properly segregated and there is no deed yet for the land. The land is to be split across 5 heirs. We are in the process of hiring land a surveyor to plot out the land and hopefully get our land and deeds established.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 17, 2024

You can donate the real estate to your children, assuming that it is done in equal parts and assuming that you have no spouse, since, under Puerto Rico rule of law, the spouse is as much an heir as your children.

If you decide to donate the real estate, both you and your children must...
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1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: is it better to leave a Will in Puerto Rico?

what are the pros and cons? There is real estate property and land that will be inherited by the children regardless if there is a will, but what would by the pitfalls of leaving a will versus not?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 13, 2024

First of all, real estate property in Puerto Rico is subject to the Rule of Law in Puerto Rico, regardless of whether a will exists or not. If you leave no will upon your death, a petition for a declaration of your heirs will need to be presented before the Puerto Rico courts, in the municipality... View More

1 Answer | Asked in Contracts, Real Estate Law, Elder Law and Landlord - Tenant for Puerto Rico on
Q: ¿Qué sucede si un contrato de arrendamiento, promesa de venta con opción a compra, no contiene el pago de una prima?

¿Qué sucede si una persona envejeciente (de 84 años) firma un contrato de arrendamiento con promesa de venta y por desconocimiento, no le pidió al optante el pago por la exclusividad para guardarle la propiedad que le quiere vender? El envejeciente alega que de haberlo sabido, hubiese requerido... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 10, 2024

El Código Civil estipula que se presume que todo adulto es capaz. Si el envejeciente desconocía del proceso, pudo haber solicitado que un abogado de su confianza revisara el contrato de opción previo a firmar. Sin tener a mano el contrato de opción, la otra defensa que tendría el envejeciente... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: How do you file for a land segregation deed in Puerto Rico when no Deed seems to have ever existed?

It was purchased in the 1940-50's with a declaration jurada.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 4, 2024

To segregate a land plot, you must first retain the services of a licensed engineer, who'll prepare a measurement certification ("certificado de mensura") and a plot plan ("plano de mensura"). With these documents, you will need to file a request with the Puerto Rico Office... View More

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Puerto Rico on
Q: Can my grandmother leave me (Grandchild) her home when she passes away while having serviving children?

She lived in Puerto Rico and has 6 children, but wants to leave her home to me can she do that without having to leave her home to her children?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 23, 2024

So long as your grandmother (a) leaves a valid will in Puerto Rico, and (b) has enough assets in her estate to address her children's legitimate inheritance, she may. A person who testates in Puerto Rico may freely dispose of half of his/her estate (called the free disposition half), leaving... View More

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Puerto Rico on
Q: What are Ist step to file with the probate court for an estate.

Person died in Puerto Rico 2022, property in Puerto Rico. Will written 1987 in NY not registered in puerto rico. What is the 1st document to be file, I'm told its call a complaint affidavit. This don't sound right. Could someone confirm

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 22, 2024

Actually, the first document that you require would be the deceased's death certificate. A will subscribed outside Puerto Rico may or may not comply with Puerto Rico rule of law, and it may be simpler to just file a Petition for a Declaration of Heirs from the Puerto Rico courts, given the... View More

1 Answer | Asked in Contracts and Real Estate Law for Puerto Rico on
Q: When can a seller sue the buyer for not following thru on contract?

we are a week away from closing. Bank is ready, all docs prepared and attorney fees paid, etc...

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 16, 2024

I'm assuming that an options contract was subscribed by all parties. As a rule, the buyer has the entire option term to execute his/her/its option to purchase the real estate. If he/she/it does not execute the option within the term, the seller has the right to retain the options deposit that... View More

2 Answers | Asked in Real Estate Law, Tax Law and Estate Planning for Puerto Rico on
Q: How can i dispute CRIM’s fines/fees on unpaid taxes for a property I inherited through death?

I paid the principle of over $40k. The dues are even more. I never received a tax bill until Jan 2024.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 7, 2024

Unfortunately, any property taxes owed must be paid by the heirs of the deceased owner. Whether you receive a bill from CRIM or not depends on whether you notified change of ownership. Assuming there are more than one heir, these taxes are proportionally imputable between the heirs. Legal liens,... View More

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1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: want house in a trust. Have no title yet, but in process adverse possession. Can i put it in name of trust or mine first

i lived in my house since 1960, have evidence of history of gas and light in my name and a sworn declaration from the 1980’s and neighbors as witnesses. I’m currently in the process of an adverse possession to get a title.

1.) Do I have to wait and get a title in my name first and then... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 6, 2024

I'm assuming that an adverse possession in process means that you already have an attorney. I recommend that you consult this very question with your attorney. Nevertheless, with the information you've provided, (1) you need to wait to obtain the real estate title in your name; and (2)... View More

2 Answers | Asked in Family Law and Real Estate Law for Puerto Rico on
Q: La esposa muere. Puede el esposo vender la casa si se volvio a casar y 3 hijos herederos no estan de acuerdo en vender?

Mi madre murio, hay una casa que se heredo entre hijos y mi padre. Mi padre se volvio a casar, quiere vender la propiedad pero los hijos no quieren vender. Es posible vender aun si parte de los herederos no estan de acuerdo?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Apr 18, 2024

La siguiente respuesta aplica solamente al estado de Derecho en Puerto Rico. Suponiendo que el Registro de la Propiedad refleje que la casa es una propiedad comunitaria de papá y los hijos de mamá fallecida, la respuesta a su pregunta es "NO". Sin embargo, en Puerto Rico, nadie está... View More

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2 Answers | Asked in Personal Injury, Real Estate Law and Civil Rights for Puerto Rico on
Q: Neighbor Balcony above is about to fall - neither neighbor or association board is doing anything. Where can I complain?

Good Day! I live in the Condado in San Juan, Puerto Rico - ocean facing apartment. There is a huge crack in the balcony of my neighbor above me, which directly affects me as my balcony is below. Neighbor and board don't like each other and none of them understand the critical nature of this... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Apr 8, 2024

I suggest that you send a complaint letter by certified mail with receipt confirmation, detailing all prior communications, the risk of damage to your property, the risk of danger to passer-bys below, and requiring them to address the matter within the following 15 days. Include photos with the... View More

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1 Answer | Asked in Personal Injury for Puerto Rico on
Q: Can I sue an Airbnb host if I fell and was injured on their property in PR from NYC?

I fell because there was lifted cement that leads to backyard and lost my two front teeth. Someone else in our group fell as well but didn’t sustain injuries

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Apr 8, 2024

You can sue the owner of the property where you fell. Puerto Rico rule of law grants one year as the prescriptive term limit within which to take a cause of action before the Puerto Rico courts. You would need to provide proof that the injury occurred in Puerto Rico, by way of hospital records and... View More

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